Lawyer not handling legal in Chapter 7

[linda]

I paid my attorney $3,500.00 to handle my Chapter 7. My partner filed a suit against me in the seven for on complaint to determine dischargeability and then full suit for Non-Dischargeable under 11 USC . The suit was lengthy and included fraud, embezzelment etc for a bogus large number. It was later reduced to a one item issue and judgement was rendered! I appeal and the fraud, embezzlement etc were removed and ammended by the appellate court but dollars affirmed. My attorney did not represent me in this as he claimed it was outside of the bankruptcy and would call for new retainer? Now that I won on the issues of fraud and embezzlement it appears that the court is stating that this could have been discharged. Should he have handled this and now the court instructs me to file a motion under 11 USC. I am angry that this was not bankrupted or dismissed in the first place and this judgement is really hurting me on my job and my future employment? Any advice as to the attorney and or the motion?

[HHM]

Your case seems a little complicated for this forum. However, adversarial proceedings (like the suit by your partner) are typically outside the scope of a BK attorney's representation. I don't quite understand what the court is telling you, if your partner filed suit in BK court, that means his debt was listed in the BK (to be discharged) and he faught the discharability.

[linda]

This was not a debt listed

Partner stated this was a debt against the Corporation and withheld documents and fabricated testimony. Appellate court told me to file under 60(b) to have this over turned. Can I sue this partner for the damages he has cause with his fraud judgment as it is on my TRW and has made me umemployable due to the Casino Industry does complete background check?

[HHM]

You need to hire a attorney at this point. However, if the appelate court amended the judgment so that it is no longer a "fraud" judgment, then you may need to go back and amend your Bankruptcy to include the debt. Again, your case is too complicated to address in this forum.